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(영문) 서울중앙지방법원 2019.10.10 2018고정2287
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant is an employer who operates an educational service business using eight full-time workers in Seocho-gu Seoul Metropolitan Government, and the employer is an employer who retires, barring special circumstances, such as an agreement on the extension of the payment deadline between the parties concerned, and the retirement allowances shall be paid within 14 days from the date of retirement, and the retirement allowances shall also be paid, despite the fact that the employee D’s work in the above workplace from July 1, 2016 to November 22, 2017, did not pay the amount of KRW 3,436,120, retirement allowances, and KRW 5,900,328 within 14 days from the date of each retirement.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the defendant;

1. Statement of statement by the police against D and the defendant;

1. Written petition of D;

1. Application of employment contracts, the details of incentives for ordinary half-term payments, proposals for the reorganization of personnel systems, and Acts and subordinate statutes on deposits without passbook;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the main sentence of Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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